People ex rel. Calloway v. Skinner

In each of the cases before us1, we are called upon to consider for the first time whether a parolee has a due process right to the assistance of counsel at a preliminary parole revocation hearing.

The Supreme Court recently addressed itself to this issue with respect to indigent probationers and parolees, holding that due process does not invariably require the assistance of counsel at a preliminary or a final revocation hearing. (Gagnon v. Scarpelli, 411 U. S. 778.) The holding in Gagnon {supra) is, in part at least, at variance with our recent decision in People ex rel. Menechino v. Warden…